Course Description

This
course explores the intersection of the law with sexuality and gender
identity. Approximately one half of the course will focus on
government regulation of, recognition of and discrimination on the
basis of sexuality and gender identity. This portion of the course
will focus on advanced federal and state constitutional law topics
including Equal Protection, Substantive Due Process and First
Amendment claims, as they pertain to diverse areas such as same-sex
marriage recognition, anti-sodomy laws, and the exclusion of
Lesbian/Gay/Bisexual/Transgender (“LGBT”) individuals from the
military. The remainder of the course will focus on other
(non-constitutional) areas in which members of the LGBT community
have attempted to secure legal rights, including employment, child
custody and public accommodations. Although this is primarily a
doctrinal class, we will also focus significantly on exploring the
strategic and normative questions that arise in the context of a
social movement’s effort to harness litigation as a tool for
achieving equality.